Paddle SMTX Liability Waiver
In consideration of the services of Paddle SMTX, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Paddle SMTX, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estates as follows:
1. I acknowledge that kayaking or stand up paddling, as well as any activity on the San Marcos River or San Marcos City Parks, entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: your kayak or stand up paddle board could turn over and/or you could have to swim risking entanglement in trees; exposure to the natural elements could be uncomfortable and/or harmful; exposure to excessive heat could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; exposure to excessive cold elements could result in hypothermia; exposure to potentially dangerous wildlife, insects, plants; and accidental drowning is also a possibility.
Furthermore, Paddle SMTX employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. This participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Paddle SMTX from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Paddle SMTX equipment or facilities, including any Claims which alleged negligent acts or omissions of Paddle SMTX.
4. Should Paddle SMTX or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of - all the risks that may be created, directly or indirectly, by any such condition.
6. I understand that I will be responsible for a $75 clean up fee if my bodily fluids are left on any Paddle SMTX equipment; as a result of urine, blood, feces, and vomit.
7. I have read and agree to all of the safety rules as outlined below, and agree to all of the replacement costs if I am to inflict any damage to PaddleSMTX equipment.
8. In the event that I file a lawsuit against Paddle SMTX, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Paddle SMTX on the basis of any claim from which i have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
SAFETY RULES FOR KAYAKS AND STAND UP PADDLE BOARDS
SAN MARCOS RIVER RULES: The San Marcos River rules can be found at https://www.sanmarcostx.gov/889/Park-Rules-Permits as well as on posted signs in the San Marcos City Parks. These are San Marcos City Rules and must be followed by everyone.
RIO VISTA RAPIDS:NO STAND UP PADDLE BOARDS OR CRYSTAL KAYAKS ARE PERMITTED TO GO DOWN THE RAPIDS. THIS IS A DANGEROUS ACTIVITY AND CAN INJURE OR KILL YOU.
LIFE JACKETS: Life vests are required for everyone by law and must be on board at all times. All persons must wear a lifejacket at all times while engaging in any water sport activity.
BRIDGE JUMPING: Bridge jumping is strictly prohibited on the San Marcos River.
WATER TRAFFIC: The San Marcos River is a public river and is used by many people (tubing, kayaking, canoeing, rowing, stand up paddle boarding, and swimming) be cautious of where others are and be sure to steer clear so as not to hit and potentially injure or damage any property.
RETURNING: Always find the Paddle SMTX employee that helped you onto the river when you are returning your rented equipment.
CAPSIZED BOATS: If your kayak or paddle board capsizes, try to lift yourself back into the boat. If unsuccessful, find the nearest shallow water or open shore to empty and flip the kayak or paddle board back over.
ABANDONED BOATS / BOARDS: Do not abandon your boats or boards. Paddle SMTX will hold you responsible for the replacement costs if your boat or board goes missing.
EQUIPMENT: Crystal Kayaks and Stand Up Paddle Boards are fragile. Avoid shallow water where a fin could drag and potentially break. Do not drag boards or boats on shore without a Paddle SMTX employee’s assistance. Use paddles with care and avoid collisions. Do not “tow” other boats, boards or tubes. Do not sink kayaks.
CRYSTAL KAYAKS ARE FRAGILE AND CAN BE SCRATCHED IN SHALLOW WATER ON SHORE OR ON ROCKS.
DO NOT TAKE THE KAYAKS ON SHORE WITHOUT A PADDLE SMTX EMPLOYEE.
CUSTOMERS CAUSING DAMAGE TO BOATS OR BOARDS WILL BE CHARGED FOR REPAIR OR REPLACEMENT. SINKING THE KAYAKS WILL DAMAGE THE LED LIGHT COMPONENT ON THEM. IF YOU EXCEED THE WEIGHT LIMIT YOU WILL SINK THE KAYAK.
REPAIR AND/OR REPLACEMENT COSTS
The decision for whether a kayak, stand up paddle board, paddle, life jacket, or dry bag will need repair or replacement will be made by Paddle SMTX. Repairs will vary in cost depending on the damage inflicted on the equipment and will be determined by Paddle SMTX.
CRYSTAL KAYAK - $1500.00
STAND UP PADDLE BOARD - $700.00
LED BUTTON - $55
LED BATTERY - $220
PADDLE - $50.00
DRY BAG - $40.00
LIFE JACKET - $25.00
LED LIGHT BAR - $225
BODILY-FLUID CLEAN UP FEE - $75
Today's date: October 2, 2023